Have you gotten into trouble with the law? The first thing you should do when you find yourself on the wrong side of the law is to contact an experienced attorney. It will also help to familiarize yourself with the charges. In this case, you should learn more about fraud before contacting your preferred lawyer.
Read on to discover what fraud is in terms of Canadian law
Section 380(1) of the criminal code of Canada defines fraud as a dishonest and deceitful act intended to benefit one party by defrauding the public or any individual. Any party arrested defrauding the public of wealth, property, service, or worthy security is liable to a term of imprisonment not exceeding fourteen years if the value of the subject matter is less than five thousand dollars. Everyday instances of fraud include internet swindles, telemarketing swindles, theft, and business fraud.
Every individual who commits fraud is guilty of an indictable offense and is liable to imprisonment for a term of two years or less. If proven guilty, you can also be punished on summary conviction.
Fraud charges in Canada fall into two categories. The charge can be either Fraud under $5000 or Fraud over $5000. It is paramount to note that most fraud charges are technical and complex offenses to prove and defend.
Typical Fraud Related Charges
Since there are endless situations that can lead to a fraud charge, each charge is different from the next. Here are various fraud-related offenses:
- Investment frauds.
- Illegal insurance claims.
- The stealing of identity.
- Inter-border fraud.
- Credit card forgery.
- Dishonest medical expense claims.
- Mail fraud.
- Charities fraud.
- Deceitful concealment of title documents.
- Insider trading.
- Fraud on government.
Proving Fraud Charges
Fraud charges encompass a wide range of behavior. Each fraud charge is different from the preceding one since there are endless situations that can cause fraudulent behavior. The Canadian criminal courts rely on the following two distinct elements to determine an offense of fraud:
- The court seeks to discover if the act was a prohibited act of falsehood, deceit, or any other fraudulent means.
- The Canadian court determines if the prohibited act led to an economic gain for the accused and an impediment to the victim.
The prosecution must prove the following to prove fraud charges.
- Identity of the accused party.
- The date and time the offense occurred.
- The jurisdiction of the incident.
- Prove that the victim owned a service, property, money, or security.
- That the victim lost service, security, money, or property due to a false representation made by the accused, money or high-end property paid to the accused, and why the suspect received the money.
- Whether the property was over $5,000 or under $5,000 together with its continuity and value.
- The suspect used deceitful, falsehood, and fraudulent means to cause the deprivation.
- The accused was well aware that his or her actions would cause loss to the complainant.
It is the duty and responsibility of the prosecutors to prove deception where indentures are involved. Here is what the prosecution has to prove in the case of fraudulent documents:
- The date and time of illegal deeds.
- The jurisdiction where the deceitful papers were processed and signed.
- The identity of the individuals who appended their signature on the fake documents.
- That the indentures were processed in the ordinary course of business according to the Canada evidence act.
Defrauding clients or stealing an identity for your selfish gains makes you liable to fraud charges. The optimal decision to make if you or someone you love has been charged with deception is to confer with a certified and experienced criminal defense lawyer.
Criminal Defense Lawyers Defending Fraud Allegations
Working with a criminal defense attorney who has been helping clients is a plus. Such an attorney is well aware that the crown struggles to prove complex fraud charges in court. The defense strives to make it clear that you did not complete the allegations. Your lawyer will also aim to substantiate that the allegations do not satisfy the required elements. Moreover, the attorney will affirm that your actions were not intentional. Conduct your due diligence and ask around before hiring a criminal defense attorney.